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(영문) 서울행정법원 2015.01.29 2014구합6562
업무정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is a person who establishes and operates a B convalescent hospital (hereinafter referred to as the "instant hospital"), a medical care institution under the National Health Insurance Act (hereinafter referred to as the "medical care institution") in Ansan-si.

As a result of the instant on-site investigation with respect to the instant hospital (the period subject to the investigation from October 2009, July 201 to May 2011, 2011, from February 201 to February 2012, 15; hereinafter “instant on-site investigation”), the Defendant discovered that the instant hospital was unjustly paid KRW 42,618,380 during the said period by claiming medical care benefit costs in violation of the National Health Insurance Act, by claiming medical care benefit costs in violation of the National Health Insurance Act.

According to the results of the above on-site investigation, the Defendant: (a) on March 11, 2014, ordered the Plaintiff to suspend the operation of a medical care institution for 60 days (from May 19, 2014 to July 17, 2014) pursuant to Article 98(1)1 of the National Health Insurance Act; (b) Article 70 of the Enforcement Decree of the same Act; and (c) subparagraph 1 (a) of subparagraph 1 (a); (c) on March 12, 2014, on 50 days (attached Table 2) pursuant to Article 28(1)1 of the Medical Care Assistance Act; (d) Article 16-2 of the Enforcement Decree of the same Act; and (e) subparagraph 1 (b) of the attached Table 2 of the Enforcement Decree of the same Act to suspend operation of a medical care institution.

(hereinafter referred to as the “instant disposition” in total, including the disposition of business suspension and the disposition of business suspension. The detailed calculation details of unfair amounts and the calculation details of administrative disposition shall be as follows:

[Business suspension of a medical care institution] Report on the violation of the standards for calculating the differential rate of hospital fees (63,701,245 won) based on the level of securing human resources for nursing (63,701,245 won) and the working days of a nurse D and a nurse E are higher than the actual working days. On March 2010, the first quarter of the year, and the first quarter of January 2011, the claim for the violation of the standards for calculating the differential rate of hospital fees (dietator, cook, etc.) (8,89,815 won) of dietitian F, G, H, cook I, and J’s work period is different from the actual work period, thereby adding a dietitian, a cook, and a therapy.

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